| Serial Number | 79224237 |
| Word Mark | HEALTH LAB |
| Filing Date | Tuesday, October 10, 2017 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, September 11, 2018 |
| Registration Number | 5557922 |
| Registration Date | Tuesday, September 11, 2018 |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, June 26, 2018 |
| Goods and Services | Preparations made from cereals, namely, oat flour; confectionery made of sugar substitutes; protein snack bars consisting primarily of cereals, muesli, and grains with nuts and dried fruits; protein balls being high protein food products made predominantly of cereals containing a mixture of dried fruit, nuts, seeds, whey protein, water, salt, cacao, lemon oil, quinoa flakes, vanilla, coconut and peppermint oil; high protein cereal bars; muesli bars; flour and preparations made from cereals, namely, buckwheat flour; bread; pastry; biscuits; cookies; cakes; snack foods consisting of cereal products, cereals, rice, flour, bread, wheat, corn, grains, maize, potato flour; heath foods being snack foods prepared from grains and snack bars containing predominantly a mixture of grains with nuts and dried fruit; health drinks being protein enriched beverages with coffee, tea, cocoa or chocolate base and beverages made from cereals; cereal based snack food; pretzels; popcorn; crisp snack food products made from cereals, potato flour, or whole wheat; flavourings for snack foods other than essential oils; snack food products consisting of processed cereals; snack food products made from cereal flour; snack food products made from cereals; snack foods consisting principally of confectionery; snack foods consisting principally of extruded cereals; snack foods consisting principally of grain; snack foods made from cereals; snack foods made of wheat; snack foods prepared from cereals; cereal derived food bars; grain based food bars; nutritional cereal based food bars; fruit based bars being snack bars containing dried fruits and confectionery; nut based bars, being snack bars containing dried nuts and confectionery; high-protein cereal bars; rice biscuits; chocolate biscuits; biscuit rusks; biscuits; chocolate; chocolate bars; chocolate based snack foods; coffee; tea; herbal teas for food; cocoa; sugar; rice; tapioca; sago; artificial coffee; flour and preparations made from cereals, namely, bread and pastry; ices; honey; treacle; yeast, baking-powder; salt; mustard; vinegar; sauces and savory sauces used as condiments; spices including natural herbs and spices; cacao products, namely, cacao butter based snack bars; cacao powder; instant cacao powder for making flavoured drinks; powdered cocoa for use in making beverages; concentrated carbohydrate foods, namely, breads and cereals, cereal based food bars and breakfast cereals and cereal based snack food; grain-based, protein-dense snacks, being snack foods consisting principally of grain; ready to eat processed grain-based snack foods; processed grain-based food products to be used as a breakfast cereal or snack food; grain-based, chocolate-based, oat-based, and cereal-based ready to eat food bars; nutritional candy bars; oatmeal containing added protein and nutrients; ready to eat oatmeal; instant powder for making flavoured coffee-based, tea-based or cocoa based drinks; chocolate flavoured beverages; chocolate flavoured confectionery; ice cream; ice cream cones; sauces for ice cream; frozen yoghurt; custard; custard mixes; muffin mixes; muesli mixes; cereal-based protein ball mixes; peanut cacao spread; dark chocolate spread; mesquite herbal infusion powder; milk chocolate almonds; millet flour; millet hulled; miso; mixed herb; mixed spice; custard powder; imitation custard; fruit jellies, namely, confectionery; snack bars containing nuts, namely, confectionery; snack bars containing a mixture of grains, nuts and dried fruit, namely, confectionery; chocolate-coated nuts; bakery confectionery being frozen; concentrates for making frozen confections; frozen beverages, namely, edible ices; frozen cakes; frozen confectionery; frozen confections; frozen dairy confections; frozen desserts; frozen dough; frozen fruit desserts; frozen ices; frozen lollipops; frozen meals consisting primarily of pasta; frozen meals consisting primarily of rice; frozen pastries; frozen pastry; frozen pastry sheets; frozen pizzas; frozen prepared rice; frozen yoghurt namely confectionery ices; frozen yogurt namely confectionery ices; mixtures for making frozen confections; non-dairy frozen dessert products; sauces for frozen fish; chips made of cereal products; chocolate chips; corn chips; rice chips; vegetable flavoured corn chips; ready to eat protein enhanced cereal and grain based snack food; ready to eat protein enhanced muesli bars; ready to eat cereal based food bars; shake mixes being cereal powders; powders and mixes for making gravy; powders for edible ices; powders for ice cream; sauce powders; pudding powders; mixes for making snacks consisting of cereal or grains; bakery products; bakery confectionery being chilled or frozen; biscuit mixes; aerated beverages with coffee, cocoa or chocolate base; aerated drinks with coffee, cocoa or chocolate base; beverages consisting principally of coffee; beverages made from coffee; beverages with coffee base; chicory based coffee substitute; chocolate coffee; coffee beans; coffee beverages; coffee beverages with milk; coffee concentrates; coffee drinks; coffee essences; coffee extracts; coffee flavorings; coffee mixtures; coffee oils; coffee pods; coffee substitutes; coffee-based beverages; decaffeinated coffee; extracts of coffee for use as flavours in beverages; extracts of coffee for use as flavours in foodstuffs; flavoured coffee; granola-based and grain-based snack foods and bars; fennel seeds as seasonings; fenugreek seeds as seasonings; puffed buckwheat; puffed millet; organic foodstuffs being processed barley meal, processed cereal grains, processed oats, rye flour, wheat meal |
| Goods and Services | Milk and milk products excluding ice cream, ice milk, and frozen yogurt; milk shakes; protein enriched milk based drinks; soya milk; milk protein products, namely, protein milk; milk and milk based beverages; milk concentrates and powders for milk beverages; dairy powders and products, namely, powdered milk; nut and seed protein based nutrient-dense snack foods being food products containing a mixture of edible nuts, edible seeds, fruit, including dried fruit, desiccated coconut, coconut milk and whey protein; fruit based snack bars; fruit based snack sticks; prepared snacks made from nuts; milk shake mixes; preparations for making milk shakes; shakes being dairy based beverages and powders; dairy based nutritional drinks; dairy products, namely, dairy-based food beverages; fruit based dairy products, namely, milk drinks containing fruits; yoghurt; milk substitutes with edible soy proteins; milk beverages with protein for human consumption; frozen broth with edible protein; whey chips with wheat proteins for human consumption; milk beverages with whey protein; processed organic foodstuffs, namely, berries, peanuts, fruits, vegetables, cucumbers, locust beans, potatoes, lettuce, squashes, leeks, corn, almonds, chestnuts, nuts, fruit, olives, mushrooms, grapes, onions; meat and meat extracts; meat substitutes prepared from vegetables, namely, textured vegetable protein; milk beverages with protein; protein milk; milk substitutes with soya bean protein; milk substitutes with soya protein; milk substitutes with vegetal proteins for human consumption; preserved, dried or cooked fruits and vegetables; edible oils and fats; processed ground nuts; nuts, prepared; snack mixtures of fruit and nuts; seeds, prepared; edible seeds; edible nuts; edible oil; edible oils for use in cooking foodstuffs; edible oils for use in baking; nut mix snacks; processed adzuki beans; processed black-eyed beans; processed black beluga lentils; processed black turtle beans; processed black beans; processed borlotti beans; processed cannellini beans; channa dal; processed chickpeas; four bean snack mix; processed lentils; processed green split peas; processed mung beans; processed navy beans; processed pinto beans; processed red kidney beans; processed red split lentils; processed soya beans; processed cacao beans; processed pepitas; processed poppy seeds; processed pumpkin seeds; processed black sesame seeds; prepared sesame seeds; processed sunflower seed kernel; nuts snack mix; processed almonds, edible; almond meal; almonds blanched; almonds roasted; almonds diced; processed almonds wholes and brokens; processed brazil nut kernels; kimchi, cultured vegetables; cacao butter chunks; sesame oil; processed cashew nuts broken and pieces; processed cashews, edible; cashews oven roasted; processed cherry tomatoes; processed chia seeds; coconut cream; coconut desiccated fine; coconut flakes; coconut milk; coconut oil; coconut shredded; processed currants; dates diced; dates pitted; diced bare ginger; diced tomatoes; dried fruit; dried fruit products; dried apple; dried apricots; dried banana; dried blueberries; dried cherries; dried cranberries; dried dates; dried figs; dried incaberries; dried jackfruit; dried mango slices; dried mulberries; dried papaya; dried pineapple; processed goji berries; goji snack blend; processed goldenberries; frozen fruits; freeze dried fruits, including strawberry, pineapple, banana, mango, incaberries, apple, dragonfruit, blackberries, soursop; milk-based smoothie mixes in powder form milk predominating; processed hazelnut kernels; processed hazelnuts, edible; hemp oil; processed hemp seeds; instant miso soup; processed linseed; processed macadamias; mango cheeks; processed medjool dates; mixed dried fruit; olive oil for food; omega seed mix being mixed seeds prepared for human consumption; processed pecan nut kernels; processed pine nuts, edible; pistachio oven roasted and lightly salted; processed pistachios, edible; prunes pitted; prunes cooked; raisins; seed and nut mix for sprinkling on salad; soup mix; sultanas naturally dried; sunflower oil for food; processed sunmuscat raisins; tomato paste; tomato puree; tomatoes sundried; processed walnut kernels; processed walnut kernels combo halves and pieces; processed walnuts, edible; whole peeled tomatoes; prepared snacks made from cooked fruit; prepared snacks made from cooked vegetables; prepared snacks made from dried fruit; food products, namely, snacks made from dried fruits; mixtures of nuts and dried fruits; prepared snacks made from dried vegetables; prepared snacks made from fresh fruit; prepared snacks made from fresh vegetables; beverages made from milk; nut spread; almond spread; peanut spread |
| Goods and Services | Retail store services featuring food, drinks, and supplements; wholesale store services featuring food, drinks, and supplements; distribution of goods for advertising purposes; retail and wholesale store services featuring food, drinks, and supplements; retail and wholesale store services featuring food, drinks, and supplements provided online via a website, the internet or other computer networks or other electronic or wireless means; retail and wholesale store and distributorship services featuring food and beverages; retail and wholesale store services featuring food and beverages, including health foods and beverages; import agency services, not being transport services in the field of food, beverages, and supplements; supply chain management services; logistics management services including local inventory management, logistics, returns and marketing; discount store services featuring food and beverages; promotion of goods on communication media, for retail purposes; independent sales representative services in the field of food and beverages; business advisory and consultancy services; business information; electronic publication of publicity texts; publication of publicity texts; business information services including accounting support, business intelligence and reporting; computer database management services; retail store services featuring supplements; wholesale store services featuring supplements; retail and wholesale store services featuring food and beverage products; retail and wholesale logistics management services; business management of a retail enterprise for others; business advisory services in the field of customer service; the bringing together, for the benefit of others, a variety of goods excluding the transport thereof, enabling customers to conveniently view and purchase the goods; marketing; business management; retailing and wholesaling store services featuring food and beverages via the internet; business management and administration; commercial or industrial management assistance; computerised file management; compilation and systemisation of information into computer databases; providing an online marketplace for buyers and sellers of goods and services; exporting agency services namely, purchasing and exporting goods for others; import-export agencies; marketing and promotional services; retail store services featuring supplements provided via the internet; computerised data processing and retrieval services; business management advisory services relating to franchising, group purchasing and group advertising; commercial administration of the licensing of the goods and services of others; career advisory services other than education and training advice; career information and advisory services other than educational and training advice; commercial management advisory services; management advisory services for businesses; management advisory services related to franchising; business counselling; career counselling namely, employment advice and information; employment counselling services; conducting business trade shows in the field of food, beverages, and supplements; conducting exhibitions for advertising purposes; conducting exhibitions for business purposes; conducting exhibitions for commercial purposes; conducting exhibitions for trade purposes; conducting of business appraisals; conducting of business feasibility studies; conducting of business research; conducting of internal business communication surveys; conducting of market research; conducting of marketing studies; conducting of productivity studies; conducting of trade shows in the field of health products; marketing advisory services; charitable services, namely, assisting others with business management and administration; charitable services, namely, business management services relating to the organizing and conducting of volunteer programmes and community services projects; charitable services, namely, human resources management for the recruitment, organization and deployment of volunteers; compilation and provision of online business directories; online advertising on a computer network; online data processing services; online promotion on a computer network; providing information, including online, about advertising, business management and administration and office functions; advertising services provided over the internet; compilation of advertisements for use as web pages on the internet; compilation of business directories for publishing on the internet; rental of advertising space on the internet; provision of advisory, consultancy and information services in relation to all the foregoing |
| NOT AVAILABLE | "HEALTH" |
| Goods and Services | Non-alcoholic fruit beverages; smoothies; fruit juice beverages that contain vitamins; protein-enriched fruit based beverages; isotonic beverages and sport drinks; isotonic drinks; dried wholefood smoothies blends; powdered fruit beverages; frozen smoothies; smoothie mixes in powder form including smoothie mixes made of nuts, dairy products, coconut water, protein powders or fruit products; powder for making fruit beverages; fruit and vegetable beverages made from super foods; dried fruit juice powders; dried vegetable juice powders; high protein smoothie mixes; powders used in the preparation of isotonic sports drinks and sports beverages; fruit and vegetable juice beverages; fruit and vegetable based nutritional drinks; fruit juice concentrates and fruit nectars for beverages; fruit and vegetable beverages for quenching thirst in liquid, powder or concentrate form as preparations for making beverages; whey beverages; protein-enriched sports beverages; non-alcoholic beverages flavoured with coffee; frozen concentrated fruit drinks; frozen concentrated fruit juices; frozen fruit juices; mineral and aerated water; carbonated and non-carbonated water beverages; aerated water beverages non-alcoholic; alcohol free water beverages; aerated fruit juices; aerated juices; aerated mineral waters; non aerated mineral waters; aerated spring water; non aerated spring water; mineral water beverages; natural mineral water not for medical purposes; preparations for making mineral water; carbonated non-alcoholic fruit drinks; carbonated water; non-alcoholic carbonated fruit drinks; flavoured water; flavoured sparkling water; waters as beverages; soda water; fruit flavoured non-alcoholic drinks; beverage syrups, namely, fruit flavoured squashes; mixtures of fruit flavoured drinks; fruit drinks; vegetable drinks; fruit juices; vegetable juices; pure fruit and vegetable juices; fruit and vegetable juices prepared from concentrates; fruit and juice smoothies; fruit infused water; fruit nectars; non-alcoholic fruit and vegetable cocktails; beverages consisting of a blend of fruit and vegetable juices; mineral and aerated waters; syrups and preparations for making beverages; bottled fruit juices; concentrates for use in the preparation of fruit juice drinks; beverages made from fruit concentrates; fresh fruit juices; fresh vegetable juices; frozen vegetable juices; fruit juice beverages; fruit juice beverages that contain multi vitamins; fruit juice concentrates; fruit juice extracts being beverages or for making beverages; fruit juice extracts for use as a beverage; fruit juice nectar as beverages or for making beverages; low calorie fruit juices; non-alcoholic fruit juice beverages; non-fermented fruit juices; vegetable juice concentrates for beverages; vegetable juices as beverages; de-alcoholised beer beverages containing not more than 1.15% by volume of alcohol; beers; edible essences for making non-alcoholic beverages excluding essential oils; electrolyte replacement beverages for general and sports purposes; extracts of vegetables for beverages; fruit beverages; fruit concentrates for making beverages; bottled coconut water; coconut milk beverages; drinking water; energy drinks not for medical purposes; fruit based drinks; fruit flavoured beverages; fruit flavoured sparkling beverages; isotonic drinks not for medical purposes; liquid mixtures for making soft drinks; non-fermented fruit drinks; non-medicated mineral drinks; part frozen slush drinks; soft drinks; sports drinks non-medicated; vegetable extracts for use in the preparation of non-alcoholic drinks; alcohol free beer; alcoholic beers; beer; fruit beers; ginger beer |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 9, 2018 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 9, 2018 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 9, 2018 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, January 9, 2018 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Health Lab Pty Ltd |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Health Lab Pty Ltd |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Party Name | Health Lab Pty Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | AU |
| Event Date | Event Description |
| Thursday, January 18, 2018 | ASSIGNED TO EXAMINER |
| Thursday, January 4, 2018 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Tuesday, January 9, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, January 13, 2018 | APPLICATION FILING RECEIPT MAILED |
| Thursday, January 25, 2018 | NON-FINAL ACTION WRITTEN |
| Friday, January 26, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Friday, February 2, 2018 | REFUSAL PROCESSED BY MPU |
| Friday, February 2, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, February 24, 2018 | REFUSAL PROCESSED BY IB |
| Tuesday, May 1, 2018 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, May 1, 2018 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Sunday, May 20, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, May 20, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, May 21, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, September 11, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, May 23, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, June 6, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, June 26, 2018 | PUBLISHED FOR OPPOSITION |
| Tuesday, June 26, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Thursday, August 22, 2024 | TEAS SECTION 71 RECEIVED |
| Saturday, June 15, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| Tuesday, December 11, 2018 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Saturday, December 15, 2018 | FINAL DISPOSITION PROCESSED |
| Saturday, December 15, 2018 | FINAL DISPOSITION NOTICE SENT TO IB |
| Saturday, January 5, 2019 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Monday, September 11, 2023 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |